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Personal Injury On Tuesday, January 7, 2025
When you have become injured due to someone else’s negligence, it’s important to know how long you have to file a claim. Not knowing this information could cause you to miss an important deadline and forego the settlement money you need as part of your recovery journey. It also would allow the individual who caused you harm to avoid accountability. This is why it’s important to understand the Connecticut personal injury statute of limitations.
If you have been injured in Connecticut, in most cases, you have two years from the date of your injury to file a claim. Missing this deadline will forfeit your right to seek compensation, regardless of how compelling your evidence may be. This law applies to most common personal injury cases, such as:
If you miss this deadline, you will be forced to pay for items like your medical expenses and property damage out of your own pocket. On top of this, you will not have an opportunity to receive any money for the time you missed at work while you were in recovery. This can make it extremely difficult not only to afford these unexpected expenses but also to catch up on your regular bills without receiving the funds you typically rely on.
While the general timeline gives you two years to file in most cases, there are a number of exceptions that could apply to your case. If you have enough evidence to support your qualifications to one of the exceptions below, this could extend the deadline.
If someone does not realize they have been injured until after the actual incident happened, the statute of limitations may begin when the victim makes this discovery. One of the more common examples of this happening is in medical malpractice cases, as a misdiagnosis or surgical error might not become apparent until months or years later when the victim starts experiencing symptoms.
If you are filing a claim against a Connecticut government agency, the statute of limitations can be shorter than normal. In many instances, you must file a notice of claim within six months before moving forward with a lawsuit. Because government-related claims have stricter procedural rules, it’s important to consult with an attorney to ensure you are acting within your legal rights.
When someone has passed away at the hands of another individual, the two-year statute of limitations will begin on the date someone has died rather than when they were injured. Connecticut law requires all wrongful death lawsuits to be filed within five years of the negligent act that caused the death. To ensure you are operating under the correct deadlines, verify your circumstances with your attorney.
If you wait too long to take legal action, you risk neglecting certain rights and opportunities that can expand on the harm with which you are already dealing. This can hurt your case in many different ways, including:
A: Connecticut personal injury law allows victims to seek compensation when another party injures them either through negligence or a wrongful action. The state operates under a modified comparative negligence rule. If you are found 50% or more at fault, you are prevented from recovering any damages through the court system. If you are less than 50% at fault, your compensation will be reduced in proportion to your percentage of fault.
A: No, the statute of limitations for personal injury lawsuits is completely separate from what an insurance company might employ. This doesn’t mean that you still shouldn’t act quickly. While Connecticut law gives you two years to file in most cases, insurance companies will have their own deadlines for reporting an accident and filing a claim. In most cases, they want to see claims filed within days or weeks after the accident happened.
A: If you decide to file a personal injury claim after the statute of limitations expires, the defendant will likely file a motion to dismiss the case entirely. Because the statute laws are so tight, the court will grant this request unless you have evidence that shows you qualify for an extension. This is why it is critical for you to work with a Middletown personal injury lawyer and stay on top of your legal deadlines to ensure your case is not unnecessarily jeopardized.
A: Yes, many personal injury claims end up being settled outside of the courtroom. This can happen through negotiations with insurance companies or between each party’s legal teams. Settling outside of court can save time and money for both parties if they are able to meet and come to an agreement on terms. If you try to negotiate and fail, the next step will be to file a claim and put the final outcome in the court’s hands.
If you have recently been injured and are not sure how much time you have left to file, contact us today. Our Loughlin FitzGerald, P.C., can take an immediate look at what happened and be sure to adhere to those important legal deadlines.